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The Mineral Land Question in California, 1848-1866 49any improper interference on the part of the general government,with the rights of that large and deserving class of our popu-lation." And if persisted in "would result in the loss of Cali-fornia to the Federal Union."'48The California Senators now introduced a bill to legalize theexisting state of affairs which the government had tacitly sanc-tioned, and thus remove the technical charge that the miners weretrespassers on the public lands. The bill brought forth a longdiscussion. Senator Latham reminded the Senate that the Cali-fornia Supreme Court had decided that the right to the minesexisted in the state. But the opposition contended that such alaw would be equivalent to a virtual cession of the mineral landsto the State of California, or to private individuals, without anyremuneration to the Federal government. The bill was rejected.4"Effect of tLe Civil War on fthe Mining Question. At the out-break of the Civil War the mining question was again revived.The costliness of the war and the depleted condition of thenational treasury convinced the Federal authorities that it wouldbe no more than just to make the valuable gold and silver minescontribute some revenue to the government. Secretary of theInterior, Caleb B. Smith, and Commissioner of the General LandOffice, Edmunds, called the attention of Congress to the advis-ability of taxing the mines. "When multiplied demands uponthe treasury weigh upon it with unprecedented pressure," arguedCommissioner Edmunds, "it could not be deemed unreasonable,after the hundreds of millions of dollars allowed to be taken freeof cost, if the government should hereafter subject the productof such mines to a moderate seigniorage."50California immediately protested against the taxing plan, main-taining that it would be a "tax on labor and enterprise"; a policythat would be inexpedient from an economic as well as from apolitical point of view, for it would discourage the production ofthe precious metals-the sinews of war. The legislature adopteda resolution opposing the passage of any law taxing the gold andsilver mines. In his annual message of January, 1863, Governor"4Cong. Globe, 35 Cong., 2 Sess., 1487; Alta, January 14, 1859; Bulletin,November 24, 26, 1858."9For the bill and debate see Cong. Globe, 36 Cong., 1 Sess., 1754, 1771,1777, 1795.~oH. Ex. Doc., 1, 37 Cong., 2 Sess., 445, 489 [11261.